HF 2456

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/07/2025 03:45pm

A bill for an act
relating to child support; removing cost-of-living adjustments in maintenance or
child support orders; making conforming changes; amending Minnesota Statutes
2024, sections 518.68, subdivision 2; 518A.34; 518A.75, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 518.68, subdivision 2, is amended to read:

Subd. 2.

Contents.

new text begin (a) This subdivision expires January 1, 2027. For orders issued prior
to January 1, 2027, new text end the required notices must be substantially as follows:

IMPORTANT NOTICE

1. PAYMENTS TO PUBLIC AGENCY

According to Minnesota Statutes, section 518A.50, payments ordered for maintenance
and support must be paid to the public agency responsible for child support enforcement
as long as the person entitled to receive the payments is receiving or has applied for
public assistance or has applied for support and maintenance collection services. MAIL
PAYMENTS TO:

2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY

A person may be charged with a felony who conceals a minor child or takes, obtains,
retains, or fails to return a minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy
of that section is available from any district court clerk.

3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES

A person who fails to pay court-ordered child support or maintenance may be charged
with a crime, which may include misdemeanor, gross misdemeanor, or felony charges,
according to Minnesota Statutes, section 609.375. A copy of that section is available
from any district court clerk.

4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME

(a) Payment of support or spousal maintenance is to be as ordered, and the giving of
gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(b) Payment of support must be made as it becomes due, and failure to secure or denial
of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.

(c) Nonpayment of support is not grounds to deny parenting time. The party entitled to
receive support may apply for support and collection services, file a contempt motion,
or obtain a judgment as provided in Minnesota Statutes, section 548.091.

(d) The payment of support or spousal maintenance takes priority over payment of debts
and other obligations.

(e) A party who accepts additional obligations of support does so with the full knowledge
of the party's prior obligation under this proceeding.

(f) Child support or maintenance is based on annual income, and it is the responsibility
of a person with seasonal employment to budget income so that payments are made
throughout the year as ordered.

(g) Reasonable parenting time guidelines are contained in Appendix B, which is available
from the court administrator.

(h) The nonpayment of support may be enforced through the denial of student grants;
interception of state and federal tax refunds; suspension of driver's, recreational, and
occupational licenses; referral to the department of revenue or private collection agencies;
seizure of assets, including bank accounts and other assets held by financial institutions;
reporting to credit bureaus; income withholding and contempt proceedings; and other
enforcement methods allowed by law.

(i) The public authority may suspend or resume collection of the amount allocated for
child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision
4, are met.

(j) The public authority may remove or resume a medical support offset if the conditions
of Minnesota Statutes, section 518A.41, subdivision 16, are met.

5. MODIFYING CHILD SUPPORT

If either the obligor or obligee is laid off from employment or receives a pay reduction,
child support may be modified, increased, or decreased. Any modification will only take
effect when it is ordered by the court, and will only relate back to the time that a motion
is filed. Either the obligor or obligee may file a motion to modify child support, and may
request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD
SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE
COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.

6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3

Unless otherwise provided by the Court:

(a) Each party has the right of access to, and to receive copies of, school, medical, dental,
religious training, and other important records and information about the minor children.
Each party has the right of access to information regarding health or dental insurance
available to the minor children. Presentation of a copy of this order to the custodian of
a record or other information about the minor children constitutes sufficient authorization
for the release of the record or information to the requesting party.

(b) Each party shall keep the other informed as to the name and address of the school
of attendance of the minor children. Each party has the right to be informed by school
officials about the children's welfare, educational progress and status, and to attend
school and parent teacher conferences. The school is not required to hold a separate
conference for each party.

(c) In case of an accident or serious illness of a minor child, each party shall notify the
other party of the accident or illness, and the name of the health care provider and the
place of treatment.

(d) Each party has the right of reasonable access and telephone contact with the minor
children.

7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be withheld from income, with or without
notice to the person obligated to pay, when the conditions of Minnesota Statutes, section
518A.53 have been met. A copy of those sections is available from any district court
clerk.

8. CHANGE OF ADDRESS OR RESIDENCE

Unless otherwise ordered, each party shall notify the other party, the court, and the public
authority responsible for collection, if applicable, of the following information within
ten days of any change: the residential and mailing address, telephone number, driver's
license number, Social Security number, and name, address, and telephone number of
the employer.

9. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE

new text begin Prior to January 1, 2027, new text end basic support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living (using Department of Labor
Consumer Price Index .........., unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 518A.75, are met. Cost of living increases are
compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to
request or contest a cost of living increase are available from any district court clerk.

10. JUDGMENTS FOR UNPAID SUPPORT

If a person fails to make a child support payment, the payment owed becomes a judgment
against the person responsible to make the payment by operation of law on or after the
date the payment is due, and the person entitled to receive the payment or the public
agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota Statutes, section 548.091.

11. JUDGMENTS FOR UNPAID MAINTENANCE

(a) A judgment for unpaid spousal maintenance may be entered when the conditions of
Minnesota Statutes, section 548.091, are met. A copy of that section is available from
any district court clerk.

(b) The public authority is not responsible for calculating interest on any judgment for
unpaid spousal maintenance. When providing services in IV-D cases, as defined in
Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only
collect interest on spousal maintenance if spousal maintenance is reduced to a sum
certain judgment.

12. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT

A judgment for attorney fees and other collection costs incurred in enforcing a child
support order will be entered against the person responsible to pay support when the
conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota
Statutes, sections 518.14 and 518A.735 and forms necessary to request or contest these
attorney fees and collection costs are available from any district court clerk.

13. PARENTING TIME EXPEDITOR PROCESS

On request of either party or on its own motion, the court may appoint a parenting time
expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751.
A copy of that section and a description of the expeditor process is available from any
district court clerk.

14. PARENTING TIME REMEDIES AND PENALTIES

Remedies and penalties for the wrongful denial of parenting time are available under
Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting
time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of
that subdivision and forms for requesting relief are available from any district court
clerk.

new text begin (b) For orders issued on or after January 1, 2027, the required notices must be
substantially as follows:
new text end

new text begin IMPORTANT NOTICE
new text end

new text begin 1. PAYMENTS TO PUBLIC AGENCY
new text end

new text begin According to Minnesota Statutes, section 518A.50, payments ordered for maintenance
and support must be paid to the public agency responsible for child support enforcement
as long as the person entitled to receive the payments is receiving or has applied for
public assistance or has applied for support and maintenance collection services. MAIL
PAYMENTS TO:
new text end

new text begin 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY
new text end

new text begin A person may be charged with a felony who conceals a minor child or takes, obtains,
retains, or fails to return a minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy
of that section is available from any district court clerk.
new text end

new text begin 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
new text end

new text begin A person who fails to pay court-ordered child support or maintenance may be charged
with a crime, which may include misdemeanor, gross misdemeanor, or felony charges,
according to Minnesota Statutes, section 609.375. A copy of that section is available
from any district court clerk.
new text end

new text begin 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
new text end

new text begin (a) Payment of support or spousal maintenance is to be as ordered, and the giving of
gifts or making purchases of food, clothing, and the like will not fulfill the obligation.
new text end

new text begin (b) Payment of support must be made as it becomes due, and failure to secure or denial
of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
new text end

new text begin (c) Nonpayment of support is not grounds to deny parenting time. The party entitled to
receive support may apply for support and collection services, file a contempt motion,
or obtain a judgment as provided in Minnesota Statutes, section 548.091.
new text end

new text begin (d) The payment of support or spousal maintenance takes priority over payment of debts
and other obligations.
new text end

new text begin (e) A party who accepts additional obligations of support does so with the full knowledge
of the party's prior obligation under this proceeding.
new text end

new text begin (f) Child support or maintenance is based on annual income, and it is the responsibility
of a person with seasonal employment to budget income so that payments are made
throughout the year as ordered.
new text end

new text begin (g) Reasonable parenting time guidelines are contained in Appendix B, which is available
from the court administrator.
new text end

new text begin (h) The nonpayment of support may be enforced through the denial of student grants;
interception of state and federal tax refunds; suspension of driver's, recreational, and
occupational licenses; referral to the Department of Revenue or private collection
agencies; seizure of assets, including bank accounts and other assets held by financial
institutions; reporting to credit bureaus; income withholding and contempt proceedings;
and other enforcement methods allowed by law.
new text end

new text begin (i) The public authority may suspend or resume collection of the amount allocated for
child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision
4, are met.
new text end

new text begin (j) The public authority may remove or resume a medical support offset if the conditions
of Minnesota Statutes, section 518A.41, subdivision 16, are met.
new text end

new text begin 5. MODIFYING CHILD SUPPORT
new text end

new text begin If either the obligor or obligee is laid off from employment or receives a pay reduction,
child support may be modified, increased, or decreased. Any modification will only take
effect when it is ordered by the court, and will only relate back to the time that a motion
is filed. Either the obligor or obligee may file a motion to modify child support, and may
request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD
SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE
COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.
new text end

new text begin 6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3
new text end

new text begin Unless otherwise provided by the Court:
new text end

new text begin (a) Each party has the right of access to, and to receive copies of, school, medical, dental,
religious training, and other important records and information about the minor children.
Each party has the right of access to information regarding health or dental insurance
available to the minor children. Presentation of a copy of this order to the custodian of
a record or other information about the minor children constitutes sufficient authorization
for the release of the record or information to the requesting party.
new text end

new text begin (b) Each party shall keep the other informed as to the name and address of the school
of attendance of the minor children. Each party has the right to be informed by school
officials about the children's welfare, educational progress, and status, and to attend
school and parent-teacher conferences. The school is not required to hold a separate
conference for each party.
new text end

new text begin (c) In case of an accident or serious illness of a minor child, each party shall notify the
other party of the accident or illness, and the name of the health care provider and the
place of treatment.
new text end

new text begin (d) Each party has the right of reasonable access and telephone contact with the minor
children.
new text end

new text begin 7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
new text end

new text begin Child support and/or spousal maintenance may be withheld from income, with or without
notice to the person obligated to pay, when the conditions of Minnesota Statutes, section
518A.53, have been met. A copy of those sections is available from any district court
clerk.
new text end

new text begin 8. CHANGE OF ADDRESS OR RESIDENCE
new text end

new text begin Unless otherwise ordered, each party shall notify the other party, the court, and the public
authority responsible for collection, if applicable, of the following information within
ten days of any change: the residential and mailing address, telephone number, driver's
license number, Social Security number, and name, address, and telephone number of
the employer.
new text end

new text begin 9. JUDGMENTS FOR UNPAID SUPPORT
new text end

new text begin If a person fails to make a child support payment, the payment owed becomes a judgment
against the person responsible to make the payment by operation of law on or after the
date the payment is due, and the person entitled to receive the payment or the public
agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota Statutes, section 548.091.
new text end

new text begin 10. JUDGMENTS FOR UNPAID MAINTENANCE
new text end

new text begin (a) A judgment for unpaid spousal maintenance may be entered when the conditions of
Minnesota Statutes, section 548.091, are met. A copy of that section is available from
any district court clerk.
new text end

new text begin (b) The public authority is not responsible for calculating interest on any judgment for
unpaid spousal maintenance. When providing services in IV-D cases, as defined in
Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only
collect interest on spousal maintenance if spousal maintenance is reduced to a sum
certain judgment.
new text end

new text begin 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT
new text end

new text begin A judgment for attorney fees and other collection costs incurred in enforcing a child
support order will be entered against the person responsible to pay support when the
conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota
Statutes, sections 518.14 and 518A.735, and forms necessary to request or contest these
attorney fees and collection costs are available from any district court clerk.
new text end

new text begin 12. PARENTING TIME EXPEDITOR PROCESS
new text end

new text begin On request of either party or on its own motion, the court may appoint a parenting time
expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751.
A copy of that section and a description of the expeditor process is available from any
district court clerk.
new text end

new text begin 13. PARENTING TIME REMEDIES AND PENALTIES
new text end

new text begin Remedies and penalties for the wrongful denial of parenting time are available under
Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting
time, civil penalties, bond requirements, contempt, and reversal of custody. A copy of
that subdivision and forms for requesting relief are available from any district court
clerk.
new text end

Sec. 2.

Minnesota Statutes 2024, section 518A.34, is amended to read:

518A.34 COMPUTATION OF CHILD SUPPORT OBLIGATIONS.

(a) To determine the presumptive child support obligation of a parent, the court shall
follow the procedure set forth in this section.

(b) To determine the obligor's basic support obligation, the court shall:

(1) determine the gross income of each parent under section 518A.29;

(2) calculate the parental income for determining child support (PICS) of each parent,
by subtracting from the gross income the credit, if any, for each parent's nonjoint children
under section 518A.33;

(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;

(4) determine the combined basic support obligation by application of the guidelines in
section 518A.35;

(5) determine each parent's share of the combined basic support obligation by multiplying
the percentage figure from clause (3) by the combined basic support obligation in clause
(4); and

(6) apply the parenting expense adjustment formula provided in section 518A.36 to
determine the obligor's basic support obligation.

(c) If the parents have split custody of joint children, child support must be calculated
for each joint child as follows:

(1) the court shall determine each parent's basic support obligation under paragraph (b)
and include the amount of each parent's obligation in the court order. If the basic support
calculation results in each parent owing support to the other, the court shall offset the higher
basic support obligation with the lower basic support obligation to determine the amount
to be paid by the parent with the higher obligation to the parent with the lower obligation.
deleted text begin For the purpose of the cost-of-living adjustment required under section deleted text end deleted text begin , the
adjustment must be based on each parent's basic support obligation prior to offset deleted text end new text begin For the
purpose of a future modification, the application of section 518A.39 must be based on each
parent's basic support obligation prior to offset new text end . For the purposes of this paragraph, "split
custody" means that there are two or more joint children and each parent has at least one
joint child more than 50 percent of the time;

(2) if each parent pays all child care expenses for at least one joint child, the court shall
calculate child care support for each joint child as provided in section 518A.40. The court
shall determine each parent's child care support obligation and include the amount of each
parent's obligation in the court order. If the child care support calculation results in each
parent owing support to the other, the court shall offset the higher child care support
obligation with the lower child care support obligation to determine the amount to be paid
by the parent with the higher obligation to the parent with the lower obligation; and

(3) if each parent pays all medical or dental insurance expenses for at least one joint
child, medical support shall be calculated for each joint child as provided in section 518A.41.
The court shall determine each parent's medical support obligation and include the amount
of each parent's obligation in the court order. If the medical support calculation results in
each parent owing support to the other, the court shall offset the higher medical support
obligation with the lower medical support obligation to determine the amount to be paid by
the parent with the higher obligation to the parent with the lower obligation. Unreimbursed
and uninsured medical expenses are not included in the presumptive amount of support
owed by a parent and are calculated and collected as provided in section 518A.41.

(d) The court shall determine the child care support obligation for the obligor as provided
in section 518A.40.

(e) The court shall determine the medical support obligation for each parent as provided
in section 518A.41. Unreimbursed and uninsured medical expenses are not included in the
presumptive amount of support owed by a parent and are calculated and collected as described
in section 518A.41.

(f) The court shall determine each parent's total child support obligation by adding
together each parent's basic support, child care support, and health care coverage obligations
as provided in this section.

(g) If Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child based on the other parent's eligibility, the court shall
subtract the amount of benefits from the other parent's net child support obligation, if any.
Any benefit received by the obligee for the benefit of the joint child based upon the obligor's
disability or past earnings in any given month in excess of the child support obligation must
not be treated as an arrearage payment or a future payment.

(h) The final child support order shall separately designate the amount owed for basic
support, child care support, and medical support. If applicable, the court shall use the
self-support adjustment and minimum support adjustment under section 518A.42 to determine
the obligor's child support obligation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 3.

Minnesota Statutes 2024, section 518A.75, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) An order establishing, modifying, or enforcing
maintenance or child support shall provide for a biennial adjustment in the amount to be
paid based on a change in the cost of living. An order that provides for a cost-of-living
adjustment shall specify the cost-of-living index to be applied and the date on which the
cost-of-living adjustment shall become effective. The court may use the Consumer Price
Index for all urban consumers, Minneapolis-St. Paul (CPI-U), the Consumer Price Index
for wage earners and clerical, Minneapolis-St. Paul (CPI-W), or another cost-of-living index
published by the Department of Labor which it specifically finds is more appropriate.
Cost-of-living increases under this section shall be compounded. The court may also increase
the amount by more than the cost-of-living adjustment by agreement of the parties or by
making further findings.

(b) The adjustment becomes effective on the first of May of the year in which it is made,
for cases in which payment is made to the public authority. For cases in which payment is
not made to the public authority, application for an adjustment may be made in any month
but no application for an adjustment may be made sooner than two years after the date of
the dissolution decree. A court may waive the requirement of the cost-of-living clause if it
expressly finds that the obligor's occupation or income, or both, does not provide for
cost-of-living adjustment or that the order for maintenance or child support has a provision
such as a step increase that has the effect of a cost-of-living clause. The court may waive a
cost-of-living adjustment in a maintenance order if the parties so agree in writing. The
commissioner of children, youth, and families may promulgate rules for child support
adjustments under this section in accordance with the rulemaking provisions of chapter 14.
Notice of this statute must comply with section 518.68, subdivision 2.

new text begin (c) No adjustment under this section shall be made after January 1, 2027, for any
maintenance or child support order established before, on, or after January 1, 2027.
new text end